Gambian Airport Security Fee Faces Court Challenge Following Unanswered Legal Warning
Proceedings challenge the legality, contractual arrangements and financial accountability surrounding the Airport Security Fee Scheme at Banjul International Airport
Archive note: the original publication date could not be verified. March 14, 2021 is an assigned catalogue date for this record.
Editorial note: This archive item reproduces or summarizes third-party material supplied to the newsroom. Allegations remain attributed to the speakers or outlets identified and should not be read as independent judicial findings by this publication.
Proceedings challenge the legality, contractual arrangements and financial accountability surrounding the Airport Security Fee Scheme at Banjul International Airport
A legal challenge has been formally filed before the High Court of The Gambia concerning the Airport Security Fee Scheme operated at Banjul International Airport and the contractual arrangements involving Securiport LLC.
The proceedings raise important questions about the legal authority for imposing and collecting the fee, the procurement and administration of the underlying contractual arrangements, the management of government money and the accountability of the public authorities responsible for the scheme.
The case has been brought in the public interest and seeks judicial scrutiny of an arrangement which affects passengers travelling through The Gambia's principal main international airport.
Before commencing proceedings, a formal pre-action letter was sent to the Government, setting out the concerns and issues requiring explanation and inviting the relevant authorities to address them without the need for litigation.
The Government did not provide a substantive response to the matters raised in the pre-action letter. In the circumstances, and having regard to the public importance of the issues, proceedings have now been commenced before the High Court.
The decision to approach the Court was therefore not taken lightly. It followed an attempt to obtain answers and seek an appropriate resolution through correspondence before resorting to litigation.
What does the case seek to examine?
1. Legal authority: What is the statutory and legal basis for imposing and collecting the Airport Security Fee from passengers?
2. Procurement and contractual arrangements: Were the original Securiport agreement and subsequent contractual addenda, variations and extensions entered into and implemented in accordance with the applicable procurement legislation?
3. Government money and financial accountability: How much money has been collected under the scheme, how has it been accounted for, and what payments have been made to Securiport and other parties?
4. Compensation arrangements: What is the contractual and legal basis for compensation payments and related financial obligations arising from the arrangements?
5. Transparency and oversight: Have the relevant public authorities discharged their responsibilities for proper financial management, procurement oversight and accountability?
6. Treatment of passengers: What legal authority exists for the enforcement of the fee, including any practice of withholding or retaining passports or other travel documents solely because a passenger has not paid?
These are matters which go beyond the amount charged to an individual passenger. They concern the exercise of public authority, the management of public resources and the standards of transparency and accountability expected in the administration of public affairs.
The issues raised in the proceedings are not without an existing documentary and audit background.
Previous audit work has raised concerns about the procurement and contractual arrangements associated with the scheme. The proceedings seek to bring the relevant legal and governance questions before the Court and to obtain appropriate scrutiny of the arrangements, including the contractual documentation and financial records necessary to understand how the scheme has operated.
The case will provide an opportunity for the relevant authorities to explain the legal and contractual basis upon which the scheme has been established and administered.
What is being sought from the Court?
The proceedings seek appropriate judicial declarations and orders concerning the legality of the scheme and the actions of the relevant public authorities.
The application also seeks interim protective measures directed at preserving relevant records, safeguarding financial accountability and addressing particular practices pending the final determination of the substantive proceedings.
The precise relief sought is set out in the court papers. It will ultimately be for the Court to determine the issues and grant such relief as it considers legally justified.
The Airport Security Fee Scheme affects passengers, airlines, public institutions and the wider travelling public. The questions raised concern the proper exercise of governmental authority and the stewardship of arrangements involving government money.
The proceedings are not an attempt to obstruct legitimate airport security operations. They are intended to ensure that any fee imposed on the travelling public has a lawful foundation, that contractual arrangements comply with the applicable law, and that the money collected is properly accounted for.
The Government will have the opportunity to present its position before the Court. The allegations and legal questions raised in the proceedings remain matters for judicial determination.
The central issue is straightforward: public charges and contractual arrangements involving public authorities must have a lawful basis and must be subject to proper transparency, financial control and accountability.
Where serious questions arise and reasonable attempts to obtain answers are ignored, recourse to the courts becomes an important constitutional means of securing accountability.
The proceedings have now been filed. The matter is before the Court.